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CONSTITUTIONAL LAW OF THE REPUBLIC OF ARMENIA

of February 10, 2018 No. ZR-95

Judicial Code of the Republic of Armenia

(as amended on 01-07-2020)

Accepted by National Assembly of the Republic of Armenia on February 7, 2018

Section 1. Bases of the organization and activities of judicial authority

Chapter 1. General provisions

Article 1. Subject of regulation of this Code

1. This Code governs the relations connected with forming and the organization of activities of judicial authority, except for the questions connected with forming and the organization of activities of the Constitutional court.

Article 2. Courts of the Republic of Armenia

1. In the Republic of Armenia the Court of cassation, Appeal Courts, Trial Courts of the general jurisdiction, and also specialized courts are effective.

2. Trial Courts are:

1) courts of law;

2) specialized courts.

3. Specialized freighters are:

1) administrative court;

2) court on cases on bankruptcy.

4. Appeal Courts are:

1) Appeal criminal court;

2) Appeal civil court;

3) Appeal administrative court.

Article 3. Judge

1. The judge is the person appointed to judgeship in Cassation, Appeal Courts, Trial Courts according to the procedure, established by the Constitution and this Code.

2. Chairmen of chambers of courts and Court of cassation are judges.

Article 4. Judge's Depolitizirovannost

1. The judge cannot be the member or the founder of any batch, to hold position in batch, to make speeches on behalf of batch or to be engaged in political activities in different way. The judge in public statements and under any other circumstances shall show political restraint and neutrality.

2. In elections of National assembly and local government bodies the judge can participate only in quality of the voter. The judge cannot publicly support any candidate, batch, alliance of batches or against it or to participate in election propaganda different way.

3. Professional discussions or the conclusions on drafts of regulatory legal acts, the expressed opinions and statements during discussions on activities of judicial authority, including public, are not considered as violation of the principle of depolitizirovannost.

Article 5. Requirements of incompatibility of judicial activities

1. The judge cannot hold the position in state bodies or local government bodies which is not caused by its status, any position in the commercial organization, to be engaged in business activity, to perform other paid work, except scientific, educational and creative work.

2. The adjustments established for the public employee by the law on business activity are applicable to the judge.

3. The judge shall aim to manage the deposits so that to minimize the number of cases on which he shall declare rejection.

4. The judge can hold position in non-profit organization if:

1) its activities on this position are performed gratuitously, and

2) this position does not assume the order financial resources, the conclusions of civil transactions on behalf of the organization or implementation of representative office of the organization in state bodies or local government bodies.

5. The judge cannot act as the executor or the trustee with property, except as specified, when he gratuitously acts in connection with property of the close relative or person finding under its guardianship or custody.

6. In sense of this Code close relative is:

1) spouse (a) of the judge;

2) parent of the judge or his (her) spouse (spouse);

3) child of the judge or his (her) spouse (spouse), spouse (a) of the child, native or nonnative (summary) brother, sister, grandfather, grandmother, grandson, great-grandson;

4) spouse (a), child of the sister or brother of the judge or his (her) spouse (spouse);

5) the adoptive father or adopted by the judge or his (her) spouse (spouse).

Chapter 2. Principles of the organization and activity of the courts

Article 6. Implementation of justice according to the Constitution and the laws

1. In the Republic of Armenia justice is performed only by courts according to the Constitution and the laws.

2. In case of interpretation of the provisions enshrined in the Constitution about basic rights and freedoms when implementing justice practice of the bodies acting on the basis of the international human rights treaties ratified by the Republic of Armenia is considered.

Article 7. Independence of the courts

1. When implementing justice and other powers provided by the law as court, and also the rights following from the status of the judge, the judge is independent of state bodies and local government bodies, official, physical persons and legal entities and is not accountable to anybody, including shall not offer any explanations.

2. The court considers case or question (further - case) and solves according to Constitutions and the law, estimating the facts of the case on the internal belief.

3. State bodies and local government bodies and officials shall abstain from such actions which can threaten or break independence of court or the judge.

4. Any intervention in activities of court or the judge in connection with implementation of justice and other powers provided by the law as court, and also the rights following from the status of the judge, or the disrespectful relation to court attracts the responsibility provided by the law.

5. Based on the statement of the judge for intervention in its activities in connection with implementation of justice and other powers provided by the law as court, and also the rights following from the status of the judge, the Supreme judicial council addresses to competent authority with the petition for accountability presumably of perpetrators. The competent authority shall inform without delay in writing the Supreme judicial council on the undertaken actions.

7. Judges have the right to create associations in the procedure established by the law. Each judge has the right to membership in this consolidation.

Article 8. Providing right to judicial protection and fair legal proceedings

1. Activity of the courts shall be organized so that effective judicial protection of the rights and freedoms of everyone by fair, public consideration of the case in reasonable time by the independent and just trial created on the basis of the law was provided.

Article 9. Consideration and permission of case in reasonable time

1. Consideration and permission of case shall be performed in reasonable time.

2. In case of determination of rationality of duration of consideration of the case in court are considered:

1) the facts of the case, including legal and actual complexity, behavior of participants of production and effect of long consideration of the case for the participant of production;

2) the actions made by court for the purpose of implementation of consideration and permission of case in perhaps short time, and their efficiency;

3) general duration of consideration of the case;

4) the average approximate duration of consideration of the case established by the Supreme judicial council.

3. If for consideration and permission of case special term is established by the law, then it shall be considered and it is authorized in this time. Prolongation of such term is allowed only in the cases and procedure established by the law.

Article 10. Equality before the law and court

1. All are equal before the law and court.

2. When implementing by court of justice and other powers provided by the law as court the discrimination depending on floor, race, skin color, ethnic or social origin, genetic signs, language, religion, outlook, political or different views, belonging to ethnic minorities, imushchestvenno provisions, the births, disability, age or other circumstances of personal or social nature is forbidden.

3. Everyone in the course of consideration of the case has the right to refer as legal argument to statutory interpretations or other regulatory legal act which is available in the court resolution of court of the Republic of Armenia which took legal effect on another matter with the similar facts. The court considers such legal arguments.

4. In case of the interpretation other than interpretation of the precept of law by Court of cassation on another matter with the similar facts, the court shall prove variation from interpretation by Court of cassation of the law and other regulatory legal act.

Article 11. Publicity of legal proceedings

1. Judicial sessions are open.

2. Judicial session or its part in the cases established by the law and procedure can be carried out by the judgment behind closed doors for the purpose of protection of private life of participants of production, interests of minors or justice, also state security, public order or morals.

3. Process of judicial session is recorded in the procedure established by the law.

4. Person which is present at judicial session has the right to keep the shorthand report and audio recording.

5. Photography, video of judicial session or broadcast of judicial session are performed by the judgment in the cases established by the law and procedure.

6. Judicial to the act, concluding production in degree of jurisdiction (further - final court resolutions), and in the cases provided by the law or the decision of the Supreme judicial council - also other legal acts are subject to obligatory publication on the official site of judicial authority.

7. In case of conducting judicial proceedings or its part behind closed doors on the website of judicial authority the substantive provisions of final court resolution are published if it does not contain the secret protected by the law.

8. In the cases provided by the law, the substantive provisions of court resolution are announced also on judicial session.

9. On the official site of judicial authority data on case and its course which list and procedure for publication establishes the Supreme judicial council are published.

10. The court resolutions containing data on private life, biometric personal data and data of special category, personal data of the child are published on the official site of judicial authority in the depersonalized procedure. The supreme judicial council can establish others case of depersonalization of personal data. The procedure for depersonalization establishes the Supreme judicial council.

11. Everyone has the right to acquaintance with complete legal case by which final court resolution took legal effect. Person or his representative can get acquainted with the closed part of judicial proceedings or the secret protected by the law or the unpublished or partially published court resolution in the procedure established by the law the judgment, adopted court resolution. The court makes such decision if the court resolution is directly connected with the rights or the applicant's obligations.

12. Person and his representative by capture of the signature are warned about responsibility for disclosure of the secret protected by the law and its use with violation of established procedure.

13. The decision made by Court of cassation by result of consideration of the writ of appeal accepted to production is published also according to the procedure, established by the law for publication of sublegislative regulatory legal acts if it does not contain the state or official secret.

Article 12. Legal proceedings language

1. In the Republic of Armenia language of legal proceedings is Armenian.

2. All documents are brought into court in Armenian or with proper transfer into Armenian, except as specified, provided by the law.

3. Everyone has the right to accept in legal proceedings in language, preferable to it, if it provides proper transfer into Armenian.

4. State bodies and local government bodies and officials shall be involved in legal proceedings in Armenian.

5. The person accused on criminal case who is not knowing Armenian, the court shall provide with translation service at the expense of public funds, except for case when the person accused wishes to provide transfer at own expense.

6. On administrative case - the participant of legal proceedings, on civil case - person participating in case, and on criminal case - the victim the court provides with translation service at the expense of public funds if it has no possibility of communication in Armenian and proves that it has no sufficient means for ensuring paid transfer.

7. Person with the disability connected with acoustical or speech restrictions has opportunity to have procedural law by means of the signer according to the procedure, provided by this Article for the translator.

8. For person with the disability connected with visual restrictions who is involved in criminal law of procedure, availability of procedural documents and court resolutions is provided by means of the assistant at the expense of public funds. On administrative case - the participant of legal proceedings, and on civil case - person participating in case has the right to the assistant at the expense of public funds if it proves that it has no sufficient funds for the paid assistant.

9. In case of need rendering translation service, the signer or the assistant to person with the disability connected with visual restrictions at the expense of public funds this face is appointed the judgment. The procedure for purpose of this person, the size and procedure for its remuneration establishes the Government.

Article 13. Obligation of court resolutions

1. The court adopts final court resolution name of the Republic of Armenia.

2. The court resolutions which took legal effect are obligatory for their addressees.

3. Non-execution of the court resolution which took legal effect attracts the responsibility provided by the law.

Article 14. Appeal of court resolutions and providing right to review

1. The right to review of court resolution of the Trial Court which did not take legal effect according to the procedure of the appeal is provided in the cases and procedure provided by the law.

2. In the cases and procedure provided by the law the right to submission of the writ of appeal against court resolution of the Appeal Court which did not take legal effect is provided.

3. The court resolutions which took legal effect are appealed in the cases and procedure provided by the law.

Article 15. Structure of court and decision making

1. In Trial Court case is considered solely.

2. In Appeal Court the claim against final court resolution of Trial Court is considered jointly as a part of three judges, and the claim against other court resolutions - solely.

3. Exceptions of parts 1 and 2 of this Article are established by the law.

4. The writ of appeal in Court of cassation is considered jointly by the majority from total number of judges of chamber of Court of cassation.

5. The judge solely considering case acts as court. In case of joint consideration of the case the judicial structure acts as court.

6. In joint structure decisions are made by the majority from total number of voices of judges of judicial structure, and in Court of cassation - by a majority vote from total number of judges of chamber of Court of cassation.

Article 16. Use of symbols of the Republic of Armenia

1. On court house at main entrance the colors of the Republic of Armenia are hoisted.

2. In the courtroom and in separate office office of the judge the coat of arms of the Republic of Armenia and flag of the Republic of Armenia are placed.

Article 17. Cloak, seal, stamp, official e-mail address and digital signature of the judge

1. In judicial session the judge participates in cloak.

2. The description and procedure for provision of cloak of the judge establishes general meeting of judges (further - General meeting).

3. The judge, except for judges of Court of cassation, has seal with the image of the coat of arms of the Republic of Armenia, the name of court and name of the judge.

4. The court of cassation has seal with the image of the coat of arms of the Republic of Armenia and the name of court.

5. The stamp with the name of court is provided to the judge.

6. The description and procedure for provision of seal and stamp establishes the Supreme judicial council.

7. Each judge has the official e-mail address.

8. Each judge has the digital signature.

Article 18. Official site of judicial authority

1. Judicial authority has the official site: www.court.am.

2. The supreme judicial council establishes structure of the official site of judicial authority taking into account the requirements established by the government.

3. The procedure for maintaining the website, and also the list of other data published on the website establishes the Supreme judicial council.

Article 19. Maintaining legal statistics

1. For the purpose of ensuring efficiency, transparency of activity of the courts and accountability before society the Judicial department collects and conducts legal statistics according to the procedure, established by the Government.

2. The following requirements are imposed to legal statistics:

1) objectivity, justification and impartiality of statistics;

2) reliability, correctness of statistical data and their comparability in time and space;

3) relevance, stability and integrity of statistical information;

4) periodic publication of aggregated statistical data;

5) availability and publicity of statistical information.

3. The government establishes form and content of the statistical card of legal case by the form of legal case, the list of the statistical data which are subject to obligatory publication and procedure for their publication, the description of contents of statistic reports. Surely published statistical data shall include, at least, the data provided by parts 7-10 of this Article.

4. The supreme judicial council establishes procedure for filling of the statistical card of legal case, and also, proceeding from requirements of effective implementation of functions of judicial authority, can establish additional statistical qualifiers of maintaining legal statistics.

5. In case of modification of statistical qualifiers they are applied not earlier than January 1 of the year following modification.

6. The judicial department provides availability of the statistical data collected on the basis of the statistical card of legal case to society, except for to the information which is not subject to publication, provided by the law. The Judicial department provides statistical data to the Supreme judicial council and courts, publishes on the official site of judicial authority in the special Section selected for publication of statistical data.

7. About each court and the judge of Trial Court, by types of cases, the following data are published:

1) number of judges;

2) total number of the cases submitted from the last accounting period at the beginning of the accounting period;

3) total number of the cases received for the accounting period;

4) total number of the cases completed for the accounting period;

5) total number of cases with the suspended productions as of the last day of the accounting period;

6) the average duration of hearing of cases, completed for the accounting period, by the number of meetings;

7) the average duration of hearing of cases, completed for the accounting period, on time (calculation unit - hour) (including on the average duration of stages of preparation of legal proceedings, legal proceedings and acceptance of court resolution);

8) the cases of pre-judicial criminal proceedings completed for the accounting period on types;

9) total number of incomplete cases as of the last day of the accounting period;

10) number of the court resolutions appealed for the accounting period by types;

11) number of the court resolutions cancelled for the accounting period by types.

8. About each Appeal Court and the judge the following data are published, in particular:

1) the data provided by part 7 of this Article, except for Items 7 and 8;

2) total number of the complaints received for the accounting period;

3) total number of the claims which are not accepted to production for the accounting period;

Put 4) with the complaints made against the court resolutions which are not final court resolution by types of acts and on the courts which adopted the appealed act.

9. About Court of cassation as regards each chamber the data provided by part 7 of this Article, except for Items 4-6, 8, of 9, and also the data provided by Items 2-4 of part 8 of this Article are published. Data, stipulated in Item 7 parts 7 of this Article, are estimated on days.

10. The judicial department annually, no later than January 31 of the next year, publishes also following data:

1) budget of courts, including comparison of financial expenses with the previous accounting period for courts, average salary of judges and its comparison with the previous accounting period;

2) the general amount of the state tax paid and which is subject to payment on court resolution;

3) in parts disciplinary responsibility and the termination of powers of judges - the number of the initiated productions on disciplinary responsibility and the termination of powers - on the subjects which initiated production and the bases of initiation of production, the number of cases on the stopped productions - on the subjects which initiated production, the quantities of cases of disciplinary responsibility and the termination of powers and productions this about result initiated in the judge's relation (including collection type);

4) comparison of the data provided by parts 7-10 of this Article with data for previous year.

Chapter 3. Trial Court of the general jurisdiction

Article 20. Court jurisdiction of the first instance of the general jurisdiction

1. The Trial Court of the general jurisdiction considers all cases which are subject to consideration judicially, except for put, falling under jurisdiction of specialized freighters.

Article 21. Specialization of judges in Trial Court of the general jurisdiction

1. In Trial Court of the general jurisdiction case is considered by judges of civil or criminal specialization.

2. In Trial Court of the general jurisdiction the criminal cases, cases provided by the law connected with judicial control of pre-judicial criminal proceedings, and also execution of the punishment are considered only by the judge of criminal specialization, except as specified, provided by part 3 of this Article. The another matters falling under court jurisdiction of the first instance of the general jurisdiction are considered by the judge of civil specialization.

3. The supreme judicial council can choose from judges of civil and criminal specialization of judges who, in addition to cases of the corresponding specialization, consider cases of separate type (on minors, on return of the children illegally transported and illegally containing in the Republic of Armenia, confiscation of property of illegal origin, according to petitions for implementation of investigation and search operations and other).

4. The list of cases of separate type, number of the judges considering such cases for each court and procedure for their choice establishes the Supreme judicial council.

Article 22. Judicial territory and residences of Trial Court of the general jurisdiction

1. The judicial territory of Trial Court of the general jurisdiction is respectively the territory of the city of Yerevan, area or areas.

2. The Trial Court of the general jurisdiction has the central and other residences. The supreme judicial council studies the proposal of the chairman of the relevant court and makes the decision on establishment of residences of court and the territories of servicing of the residence.

Article 23. Trial Courts of the general jurisdiction and numerical list of judges

1. The Republic of Armenia is effective:

1) Trial Court of the general jurisdiction of the city of Yerevan - in numerical structure at least 62 judges;

2) Trial Court of the general jurisdiction of the Kotayk region - in numerical structure at least 10 judges;

3) Trial Court of the general jurisdiction of the Ararat and Vayots Dzor regions - in numerical structure at least 12 judges;

4) Trial Court of the general jurisdiction of the Armavir region - in numerical structure at least 9 judges;

5) Trial Court of the general jurisdiction of the Aragatsotn region - in numerical structure at least 6 judges;

6) Trial Court of the general jurisdiction of the Shirak region - in numerical structure at least 12 judges;

7) Trial Court of the general jurisdiction of the Lori region - in numerical structure at least 12 judges;

8) Trial Court of the general jurisdiction of the Tavush region - in numerical structure at least 6 judges;

9) Trial Court of the general jurisdiction of the Gegharkunik region - in numerical structure at least 9 judges;

10) Trial Court of the general jurisdiction of the Syunik region - in numerical structure at least 9 judges.

Chapter 4. Specialized courts

Article 24. Jurisdiction of specialized freighters

1. To administrative court the cases provided by the Code of administrative legal proceedings of the Republic of Armenia are jurisdictional.

2. To court on cases on bankruptcy all cases by the provided law governing the relations on bankruptcy are jurisdictional.

Article 25. Numerical list of judges of specialized freighters

1. The administrative court is effective in numerical structure at least 24 judges.

2. The court on cases on bankruptcy is effective in numerical structure at least 12 judges.

Article 26. Judicial territory and residences of specialized freighters

1. The judicial territory of specialized freighters is the territory of the Republic of Armenia.

2. The central residences of specialized freighters are in the city of Yerevan.

3. Specialized courts have residences in areas. The supreme judicial council studies the proposal of the chairman of the relevant court and makes the decision on establishment of residences of specialized freighters and the territory of servicing of the residence.

Chapter 5. Appeal Court

Article 27. Jurisdiction of Appeal Court

1. The Appeal Court within the powers established by the law reviews the court resolutions of Trial Courts which are subject to appeal.

2. Procedure for hearing of cases in Appeal Court, and also limits of the appeal are established by the law.

Article 28. Numerical list of judges, judicial territory and residences of Appeal Court

1. In the Republic of Armenia the following Appeal Courts are effective:

1) Appeal civil court - in numerical structure at least 16 judges;

2) Appeal criminal court - in numerical structure at least 18 judges;

3) Appeal administrative court - in numerical structure at least 10 judges.

2. The judicial territory of Appeal Courts is the territory of the Republic of Armenia.

3. Residences of Appeal Courts are in the city of Yerevan.

Chapter 6. Court of cassation

Article 29. Jurisdiction of Court of cassation

1. The court of cassation reviews court resolutions of Appeal Court, and in the cases provided by the law - the court resolutions adopted by it.

2. Court of cassation by means of review of court resolutions within the powers established by the law:

1) is provided by uniform application of the laws and other regulatory legal acts;

2) eliminates fundamental violations of human rights and freedoms.

3. Uniform application of the laws and other regulatory legal acts Court of cassation provides if there is problem of development of the right, or the regulatory legal act was applied by vessels on different cases differently or not applied owing to different perception of the right.

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